Terms of Use
The following Terms of Use (“Terms” or “Agreement”) govern your access to and use of M Hospital Inc.’s (“Company”) website, company’s EHR (EHR Central), it’s mobile application (collectively “the Platform”), and all other services we provide (hereinafter the “Services”). Please read the Terms carefully. Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access the Platform and use the Services in accordance with these Terms.
Your use of the Services constitutes your agreement to be bound by all terms. If you disagree with one or more of these terms or find them unacceptable in any way, please do not use the Services.
Company makes certain telehealth-related and other health-related information available to you and/or facilitates access to telemedicine and medical services. This Agreement is divided into two parts. Part One explains all of the terms that govern your use of the Services. Part Two contains additional legal terms, including provisions that limit our liability to you and require individual arbitration for any potential legal dispute. To use the Services, you must accept all of the terms of this Agreement.
Changes to Terms of Use
We have the right to change or add to the terms of this Agreement at any time by posting the amended Terms on Company’s website(s) and mobile application (collectively, the “Platform”). Any use of the Services after our publication of any such changes shall constitute your acceptance of the Terms as modified. However, any dispute that arose before the modification shall be governed by the Terms (including the binding individual arbitration clause) that were published and in place at the time when the dispute arose.
Part One: Terms Governing Use of the Platform and Services
Emergencies
This platform is not an emergency-response or emergency-monitoring service and any person who is aware of an emergency situation or believes that a person may be at risk of injury or death or who may harm themselves or another person should dial “911” or an appropriate emergency responder. Company is under no obligation to monitor or respond to communications made to this platform.
No Responsibility for Act or Omissions of Independent Healthcare Providers
Company’s role is limited to making certain telehealth-related information available to you and/or facilitating your access to care either via telemedicine or through direct contact with licensed health professionals and other healthcare providers in other settings. Company is independent from healthcare providers who will be providing such telemedicine or other healthcare services to you and is not responsible for such healthcare providers’ acts, omissions or for any content of the communications made by them.
Age Limitations
The Platform is not intended for children under the age of 13. If you are under 13 years of age, please do not use or access the Platform at any time or in any manner. By using the Platform, you affirm that you are over the age of 13. Company does not seek through the Platform to gather personal information from or about persons under the age of 13 without the consent of a parent or guardian.
Information on this Platform is Not Professional Advice
All data, information, text, graphics, links, and other material on this Platform are provided as a convenience to our Platform visitors. Except as to information provided or communicated by a health professional in the course of a telemedicine encounter directly with that healthcare professional, the information provided on this Platform is for general informational and educational purposes only. The information provided on our Platform is not intended to serve as medical or other professional advice and is not to be used for diagnosis or treatment of any condition or symptom. Information provided on this Platform does not constitute the provision or practice of medical or professional health care advice or services.
You should consult your physician or other qualified health care provider regarding any specific questions you may have. You should never disregard professional advice or delay in seeking treatment based on the information contained on this Platform or other websites linked to or from it.
Restricted Use
You may use this Platform only to the extent that you obey all laws, rules, and regulations applicable to your use of this Platform. In using the Platform, you agree not to:
· Send or otherwise transmit to or through the Platform any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Platform or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
· Misrepresent your identity or affiliation in any way;
Restrict or inhibit any person from using the Platform, disclose personal information obtained from the Platform or collect information about users of the Platform;
· Reverse engineer, disassemble or decompile any section or technology on the Platform, or attempt to do any of the foregoing;
Gain unauthorized access to the Platform, to other users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Platform;
· Launch or use any automated system, including without limitation “robots,” “spiders,” or “offline readers,” that access the Platform in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
· Send or otherwise transmit to or through the Platform chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
· Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
· Violate any applicable laws or regulations in any way;
· Alter or modify any part of the content or services offered on or through the Platform;
· Allow any other person to use the Platforms with your registration or login information;
· Breach or otherwise circumvent Company’s security or authentication measures;
· Assist or permit any persons in engaging in any of the activities described above.
Your Privacy
Upon acceptance of these Terms you confirm that you have read, understood, and accepted Company’s Online Privacy Policy. You acknowledge that any questions about the use of your personal information (including your name, email address, mailing address, gender, date of birth, any personal or protected health information, or, any data about you that you elect to provide electronically through the Platform and any other information that identifies who you are) may be used by Company solely in accordance with these Terms and Company’s Privacy Policy (or as otherwise agreed upon between you and Company in writing).
Registration
Registration is not required to view certain content on the Platform. However, to use some parts of the Platform and Services you may be required to register and provide certain information about yourself, including your email address and password (“Credentials”). If you become a registered member of the Platform, you accept responsibility for all activities that occur under your registration account. You agree to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct. You should keep your Credentials private and not share your Credentials with anyone else. You are responsible for maintaining the confidentiality of your Credentials. If you believe someone has accessed the Platform using your Credentials without your authorization, email us immediately at info@m-hospital.com.
Transactions
If you wish to purchase products or services described or linked to on the Platform (each such purchase, a “Transaction”), Company or the third party provider of the product or service will request certain information from you that is applicable to your Transaction, including, without limitation, credit card and other payment and shipping information. You understand that, if any such information is provided to Company, then Company shall treat any such information in the manner described in our Online Privacy Policy. By supplying such information, you grant Company the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. You agree to pay all charges incurred by you or any users of your membership account or credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. You shall also be responsible for paying any applicable taxes relating to your purchases. You represent and warrant that you have the legal right to use any credit card(s) or other payment mechanism used in connection with any transaction.
Descriptions or images of, or references to, products or services on the Platform do not imply Company’s endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to Company’s acceptance of any order. Price and availability of any product or service are subject to change without notice. Company is not responsible for errors in the prices or descriptions of any product or service. Refunds and exchanges shall be subject to Company’s and/or any applicable third party’s refund and exchange policies in effect at the time of the applicable Transaction. Current rates for any product or service available through the Platform may be obtained by sending an email to info@m-hospital.com.
Social Media and Online Communities
Company may provide you opportunities to share information on third party social media sites or platforms such as Facebook, Instagram, LinkedIn, Twitter, Google+, or other similar sites (collectively, “Social Media Sites”). Company may also provide you opportunities to participate in online communities on such Social Media Sites and may host discussion boards, chats, and other forums on this Platform. For example, you may use your Instagram handle and tag your photos and postings (“Tagged Content”) with hashtags that we may provide from time to time in order to submit your Tagged Content for potential use on our Platform. If you post Tagged Content with hashtags as we may provide from time to time, your activity and participation is governed by these Terms. Additionally, you remain responsible for your compliance with other applicable Terms such as those of Instagram or other Social Media Sites. Without limitation of any other obligations, you agree that you will be respectful of others and their privacy and will not submit photos of others without their express permission. Company may terminate or restrict your access to the Platform at any time.
Selection and Removal of Tagged Content
Company will review Tagged Content and select certain Tagged Content for posting on our Platform; we make no guarantee that your Tagged Content will be posted. Notwithstanding the foregoing, you remain fully responsible and liable for your Tagged Content and its compliance with these Terms, other applicable terms of use and applicable laws. If your Tagged Content is posted to our Platform, you may request removal of your Tagged Content by marking it as “private” in your Social Media Platform account or by emailing us at info@m-hospital.com.
Monitoring
We have no obligation to monitor any related websites, chats, discussion boards or any other materials that you or third parties transmit or post on or to the Platform or related websites, if any. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the Platform, discussion boards, the chats, and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a chat or discussion board); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Platform properly, to protect ourselves, our sponsors, and our other clients and visitors, and to comply with legal obligations or governmental requests.
Copyright Notice
This Platform is owned and operated solely by Company. The entire contents and design of the Platform are protected by U.S. and international copyright law. Company owns all trademarks, trade secrets and other intellectual property rights, in and to the Platform and any related materials and documentation. No title or ownership of the Platform or any portion thereof is transferred to you hereunder. Company reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Platform. All rights regarding the Platform and materials contained on the Platform are either owned by Company, are licensed to it, or are used with permission. Company and its licensors retain and reserve all proprietary rights to the contents of this Platform.
You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from Company. You may link to, view, download, use, display and print a single copy of the materials found on this Platform only for personal, noncommercial, and informational purposes as long as: (1) you do not alter or modify the materials in any way; (2) you include all applicable copyright, trademark and other notices and disclaimers; and (3) you do not use the materials in a way that suggests an association with Company or an affiliated entity. All such copies must include, at a minimum, the following copyright notice: “Copyright © 2020 M Hospital Inc. All rights reserved.” Any other use of the Platform or the information contained here is strictly prohibited. Company may terminate the above license at any time for any reason. If you breach any of these terms your license terminates immediately and automatically and without notice. Upon the termination of this license you must stop using this Platform, including all content, and return or destroy all copies, including electronic copies, of the content in your possession or control.
You may provide input, comments or suggestions regarding the Platform or (“Feedback”). You acknowledge and agree that Company may use any Feedback without any obligation to you and you hereby grant Company a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as Company may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion.
Copyright Infringement – DMCA Notice
The Digital Millennium Copyright Act (the “DMCA”) provides remedies for copyright holders who believe in good faith that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that content or material on this Platform infringes a valid copyright owned by you, you (or your agent) may send Company a notice requesting that the material be removed, or access to it blocked. This request should be sent to: info@m-hospital.com.
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Platform should be sent to the address above.
Trademark Notice
Company names and logos and all related product and service names, design marks, and slogans are the trademarks or service marks of Company. All rights are reserved. You are not authorized to use any Company name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Company. All other trademarks appearing on the Platform are the property of their respective owners.
Security
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Part Two: Additional Legal Terms
Representation and Warranties
· You represent and warrant to us that:
· You are at least eighteen (18) years of age.
· Your use of this Platform will be in compliance with these Terms.
· The information you have provided to Company in your registration is accurate and complete.
· You will comply with any and all laws applicable to your use of the Platform.
· You will not interfere with a third party’s use and enjoyment of the Platform.
· You will not interfere with or disrupt Company’s or its vendors’ security measures.
· If any information you provide to Company becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Company.
· You acknowledge that any fees paid by you or by any other persons on your behalf are not provided in exchange for any undertaking by Company or its representatives that such healthcare services will be made available to you.
· You are accessing the Platform for yourself or a child under the age of eighteen for whom you are the legal guardian.
No Warranties
Use of this platform is at your own risk and content on the platform is provided on an “as is” or “as available” basis to the maximum extent permitted by applicable law, the platform and services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. no advice or information, whether oral or written, obtained by you from company or through this platform will create any warranty not expressly stated herein. without limiting the foregoing, company, any affiliated company entity, their processors, providers, licensors (and their respective subsidiaries, affiliates, agents, directors, officers, employees, contractors, and representatives) (collectively “company parties”) do not warrant that the content is accurate, error-free, reliable, complete or correct; that this platform will meet your requirements; that this platform will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that this platform is free of viruses or other harmful components. any content downloaded or otherwise obtained through the use of this platform is downloaded at your own risk and you will be solely responsible for any damage to your property or loss of data that results from such download.
Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through this platform or any hyperlinked website or service, or featured in any banner or other advertising, and company will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Indemnity
By visiting this platform, you agree to indemnify, defend, and hold harmless company, and company parties from and against all claims, actions, demands, liabilities, judgments, settlements, costs, losses, damages, tax assessments, penalties, interest and expenses (including, without limitation, reasonable attorneys’ fees) arising out of any direct, indirect, incidental, consequential, special, exemplary, punitive or any other claim you may incur in connection with your use of this platform, including, without limitation, any claims for defamation, violation of publicity or privacy, copyright or trademark infringement resulting from your submissions of any content, tagged content or other materials, any economic harm, lost profits, damages to business, data or computer systems, or any damages resulting from reliance on any content or resulting from any interruptions, work stoppages, computer failures, deletion of files, errors, omissions, inaccuracies, defects, viruses, delays or mistakes of any kind, even if you have previously advised company of the possibility of such claim.
Limitation of Liability and Damages
The user’s sole remedy for dissatisfaction with the platform and any of its services is to stop using the platform or service. you agree that under no circumstance shall any of company parties be liable for any damage resulting from your use or inability to use this platform or the materials on this platform. this protection covers claims based on warranty, contract, tort, strict liability, and any other legal theory. this protection covers all losses and claims of any type including, without limitation, direct or indirect, special, incidental, reliance, consequential, exemplary, and punitive damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption.
Disputes
If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact us at info@m-hospital.com with any dispute. If we cannot resolve your concerns, we agree to an informal and inexpensive dispute resolution process requiring individual arbitration. “Disputes” between you and Company, including Company Parties, are defined for the purposes of these Terms to include any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory, or any other legal theory) between you and Company including, but not limited to, any claims relating in any way to these Terms (including its breach, termination, or interpretation), any other aspect of our relationship, Company advertising, and any use of Company services.
Binding Individual Arbitration
You and Company agree to arbitrate all Disputes. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Any arbitration under this agreement will be only be on a individual basis; class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted, and you are waiving your rights to have your case decided by a jury and to participate in a class action against company. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by ADR Services, Inc. or any other neutral service agreed to by the parties according to this provision and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occur in Los Angeles County, California, or another mutually agreeable location, or a location ordered by the arbitrator. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may recover those fees from the arbitrator. For any claim where you are seeking relief, Company will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Company also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns.
Jurisdiction
Information provided on Company’s Platform is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction.
This Platform is a service provided by Company and does not constitute any contact with any jurisdiction outside the State of California. Use of this Platform is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing the Platform illegal. Users in such jurisdictions visit and use this Platform entirely at their own risk. Note: the essential parts of this Agreement include, without limitation, the exclusive remedy provisions and the warranty disclaimers.
This Agreement is entered into and performed in the State of California, United States of America. It is governed by and shall be construed under the laws of California, exclusive of any choice of law or conflict of law provisions.
Requests for Information
If you contact Company and request information about our programs or services, we will use your email or postal address to provide the information you requested. You agree that we may use and share information you provide us as described in our Online Privacy Policy.
Limitation on Time to Initiate a Dispute
Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
Links to Other Websites
Company Platform may contain links to third party websites as a convenience to you. The inclusion of any website link does imply an approval, endorsement, or recommendation by Company. You agree that you access any such website at your own risk, and that the Platform is not governed by the Terms contained in these Terms. Company expressly disclaims any liability for these websites. Please remember that when you use a link to go from our Platform to another website, our Online Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our Platform, is subject to that website’s own rules and policies.
Downloadable Files and Email
Company cannot and does not guarantee or warrant that email or files available for downloading from its Platform will be free of viruses or other code that may contaminate or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data back-up or other means for the reconstruction of any lost data. Company does not assume any responsibility or risk for damage to your computer or its files related to your use of the Platform or Services.
Notice for California Users
If you have a question or complaint regarding the Services provided to you by Company please contact us at info@m-hospital.com to receive further information regarding the Services or to resolve the complaint. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by telephone at (800) 952-5210 or TDD (800) 326-2297, or in writing at Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.
Assignment
You may not assign any rights or obligations under this Agreement without Company’s prior written consent. Company may assign all or part of this Agreement.
Termination; Survival
If you violate these Terms, your ability to use the Platform will be terminated. Company may, in its sole discretion, terminate your access to the Platform, or any portion thereof, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy Company may have available at law. Further, Company shall not be liable to you or any third party for any such termination or discontinuance. You may terminate these Terms by ceasing to access and use the Platform. Upon any termination of these Terms you must immediately cease use of the Platform. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination and your warranties and indemnities shall survive any termination of these Terms. All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement, including but not limited to indemnity and limitation of liability clauses, shall survive.
Waiver
No waiver of any of these terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notices
You agree that we may provide any and all notices to you by email, telephone, fax, as well as by any other method.
Severability
If any of the provisions of this Agreement are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect.
Entire Agreement; Amendment
This Agreement constitutes the entire agreement between you and Company applicable to its subject matter. It may not be modified except as described elsewhere in this Agreement.
Conflicting Terms
Anything on the Platform inconsistent or in conflict with the terms of this Agreement is superseded by the terms of this Agreement.
Electronic Document
This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Language
English shall be the language of these Terms and the parties waive any right to use and rely upon any other language or translations.
Contact Information
Please contact us with any questions or concerns regarding this Agreement at:
M Hospital Inc.
Address: 22617 Hawthorne Boulevard
Torrance, California 90505
Phone: +1 (833) 646-7748
Email: info@m-hospital.com
CONSENT TO TELEHEALTH
Please only use our services after you have read this information and subsequently made an informed decision that we are the right provider for you. If you have any questions, please send us a message through our App or Website or email us at info@mhospital.com.
BACKGROUND ON OUR PLATFORM:
M. Hospital is a technology platform that patients to receive and doctors to deliver, both through telemedicine visits, as well as in-person visits at home and in the doctor’s office. After an initial video conference or in-person visit, physicians will recommend and prescribe treatment when medically appropriate. The consultation allows you to ask any questions and the physician to evaluate whether you are a good candidate for our telehealth model of care.
BOTH A TELEMEDICINE SOLUTION AND IN-PERSON MEDICAL SERVICES:
Please note that M. Hospital and M. Hospital Professional Corporation provide telemedicine, meaning that we are a digital doctor’s office. In circumstances where the standard of care, convenience, or other issues make an in-person examination and treatment more appropriate, we also provide that option. We are here to fill the gaps in the medical care you receive from other sources.
INDEPENDENT PHYSICIANS:
Please note that M. Hospital is the platform, but is separate and independent from the physicians who deliver care through the platform. We do our best to verify credentials and allow high quality doctors to deliver care for our platform, but are not responsible for the acts or omissions of individual physicians.
NOT A PHARMACY:
Please note that we are not a pharmacy. While we may offer the ease and convenience of necessary mail order medications from a trusted source, as a patient, you have the right to choose to obtain a prescription so that you can obtain the medications from a local or independent pharmacy of your choice. Please message or call us and we will be glad to accommodate your wishes. Please note that we do not send prescriptions to pharmacies based outside the United States, and that we reserve the right to charge additional fees to cover the cost of outside pharmacy support services.
NOT FOR EMERGENCIES:
We do not provide care on an emergency basis. Please do not use us in a medical emergency. In an emergency, dial 911 or go to a hospital emergency department.
NO DUTY OF CARE PRIOR TO ACCEPTANCE AS A PATIENT:
Please note that the doctor only takes responsibility for your care only after you have created an account, answered all the required health-related questions, made payment, had a video consultation, and the doctor has subsequently reviewed your data – and determined that you are a good candidate for telemedicine services who we are accepting as a patient. Please understand that the duty of care does not begin at the earlier points of answering your questions, making payment, or starting a video visit.
RIGHT TO DECLINE PATIENT:
Please understand that the doctor has a right to refuse to take responsibility for your care if, in the doctor’s professional judgment, you are not a good candidate for our service. Completing a visit in the App or Website and making payment, starting a video visit, or sending a message through the app do not, by themselves, create a duty of care or a doctor-patient relationship.
NO PROFESSIONAL MEDICAL ADVICE PRIOR TO ACCEPTANCE:
Please note that the only content in the App or Website that constitutes professional medical advice is the advice that a doctor provides in a video visit or the personalized messages the doctor sends you after taking responsibility for your care. Any other content is for information purposes only. No other content in the App or Website constitutes professional medical advice. Information in the health questions about who we can and cannot treat does not constitute professional medical advice. Do not disregard professional medical advice or delay in seeking it because of something you have read on our App or Website.
AGREEMENT TO REVIEW ALL CONTENT:
You understand that you must read and understand this Consent to Telehealth, the Terms of Use, the Privacy Policy, the FAQs, and the information provided about specific services before you begin interacting and using the M. Hospital platform. You understand that to read important information, you may need to both click on links and various titles to expand the information that’s visible below, and that, without clicking on links and titles, you will not be able to read important information that enables you to give informed consent to treatment.
AGREEMENT TO ANSWER TRUTHFULLY AND USE OUR PLATFORM HONESTLY:
You understand that by, using M. Hospital, you accept the responsibility to provide full and truthful answers to all questions and, when requested, to provide all other data in the most accurate form possible. The doctor relies exclusively upon information that you provide to decide whether or not treatment is safe and appropriate, and, if you provide incorrect information, then you will be at greater risk of adverse events from any treatment that the doctor prescribes and you receive that isn’t necessary, appropriate, or safe. It is important that you don’t create more than one account. Creating more than one account makes it impossible for the doctor to see the full history of care that you’ve received from M. Hospital. This increases the chances that the doctor will not have access to important information and photos in you medical record that could influence the doctor’s clinical decision.
CONSENT TO ACCESS MEDICATION HISTORY:
You understand that by using M. Hospital, you are giving explicit consent for the doctor to access medication history, where it’s available, from records provided by pharmacy databases via the services of Surescripts and/or DoseSpot.
BENEFITS AND RISKS OF USING OUR SERVICE:
We offer care that is convenient, efficient, and affordable. There are differences between traditional settings of care and M. Hospital’s telehealth platform. In using our App and Website, you accept a greater responsibility to read and understand information throughout the App and Website about the limitations of telemedicine, the risks of seeking care this way, and the risks and benefits of a proposed treatment plan. Specifically, you agree to the following risks:
· NEED TO SEEK OTHER SOURCES OF CARE FOR OTHER MEDICAL NEEDS: You need to seek other sources of care for any other medical needs.
· DELAY: There may be a delay until the next business day before a doctor reviews any request for treatment and reads any messages sent. You must check the App or Website for messages because this is the way that the doctor will communicate important information. Failure to check the App or Website regularly may delay care.
· NO IN-PERSON EXAM: By using our telemedicine platform, you will not have an in-person consultation and physical exam that might identify a medical condition that needs further investigation or immediate treatment.
· RISKS TO ELECTRONIC HEALTH INFORMATION: You understand that although M. Hospital implements a wide range of administrative, physical, and technical safeguards to protect health information and comply with HIPAA, M. Hospital cannot guarantee the privacy and confidentiality of all health information. For more details about how M. Hospital protects and uses your health information and complies with HIPAA, see our Privacy Policy.
· CONSENT TO COMMUNICATE VIA UNENCRYPTED EMAIL: Our experience is that the overwhelming majority of M. Hospital patients wish to communicate with us via email, even if unencrypted email does not meet HIPAA standards. In signing this consent, you give us permission to use or disclose your medical information to you via the regular email address you provide to us. You acknowledge that we are communicating in this manner irrespective of HIPAA requirements solely at your direction. You may revoke that permission in writing at any time, in which event we will stop any further use or disclosure of your medical information by email, except to the extent we have already acted in reliance on your permission. You understand that we are unable to take back any disclosure we have already made with your permission and that we are required to retain our records of the communications prior to any revocation of authorization to utilize email in communicating with you.
BENEFITS, ALTERNATIVES AND RISKS OF PARTICULAR TREATMENTS:
In the course of providing care for you, we may seek to obtain your informed consent for particular treatment recommendations. For example, in some cases, a physician may recommend a treatment that is “off label,” meaning that the physician is recommending use of a drug or device in a way other than what the drug or device was approved for by the Food and Drug Administration (FDA), making it an experimental, non-conventional, or alternative form of treatment. When a treatment has a heightened risk, your doctor may provide a specific informed consent to alert you to the risks, benefits, and alternatives of the particular treatment.
IMPORTANCE OF READING ALL THE INFORMATION WE PROVIDE:
You understand that M. Hospital will provide detailed information in the App and Website to help you make an informed decision about whether to accept a proposed treatment plan. The most important information about a treatment plan is in the link that the doctor will send when the doctor prescribes a treatment. This information includes detailed information to help you decide if the benefits of the treatment plan outweigh the risks, given the alternative options available to you, which includes the option of not taking any treatment. You understand the importance of reading the information the doctor provides about adverse events, including the signs and symptoms of serious side effects and common side effects from taking a medicine, as this will ensure that you seek appropriate medical attention in a timely manner.
RISKS OF ACCEPTING OUR TREATMENT PLAN:
You understand that all the medicines that the doctor may prescribe or recommend, including over-the-counter medicines and ‘behind-the-counter’ medicines, can cause serious side effects and adverse events that include severe allergic reaction, permanent disability, and death. You understand that it is your responsibility to make an informed decision whether to accept a treatment plan that the doctor proposes after weighing the risks and benefits of the medicine being prescribed, alternative treatment options and the risks and benefits of such alternatives, and the option of not seeking any treatment. You understand the importance of reading the manufacturer’s leaflet that comes with a medicine, including an over-the-counter or behind-the-counter medicine, before taking a medicine because this leaflet includes important information about risks and warnings.
You understand that adverse events can be caused by a number of things, including an allergic reaction, side effects, or interactions between a medicine that the doctor prescribes and any medical conditions you may have, other prescription medicines or other things (e.g., supplements, herbs, over-the-counter medicines, or recreational drugs) you are taking, and lifestyle choices such as smoking tobacco products or drinking alcohol.
If you do not understand anything in this Consent or have any other questions, be sure to ask your doctor
. If you go forward with treatment, we will assume that you understood and were able to discuss your questions and concerns with your healthcare provider to your satisfaction.
Notice of Privacy Practices
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
WHO WILL FOLLOW THIS NOTICE
This Notice of Privacy Practices (the “Notice”) describes M. Hospital (“we” and “our”) practices and those of our employees, staff, volunteers, and other personnel who are involved in your care, including the independent healthcare practitioners who provide care on our platform. We and these individuals will follow the terms of this Notice, and may use or disclose medical information about you to carry out treatment, payment or health care operations, or for other purposes as permitted or required by law. This Notice describes your rights to access and control medical information about you, including information that may identify you and that relates to your past, present, or future physical, medical, or mental condition and medical care and related health care services.
OUR PLEDGE REGARDING MEDICAL INFORMATION
We understand that medical information about you and your health is personal. We are committed to protecting medical information about you. In order to provide you with quality care and to comply with certain state and federal legal requirements, we create a record of the services you receive from us. This Notice applies to all of the records of your care generated by us. This Notice will tell you about the ways in which we may use and disclose medical information about you. It also describes your rights and certain obligations we have regarding the use and disclosure of medical information. We are required by law to: (1) make sure that medical information that identifies you is kept private; (2) give you this Notice of its legal duties and privacy practices concerning medical information about you; (3) follow the terms of the Notice that are currently in effect, and (4) notify you in case there is an unauthorized use or disclosure of your unsecured medical information.
A WORD ABOUT FEDERAL AND STATE LAW
Federal and state laws both have rules and regulations regarding the protection of your health information. California has long enforced member privacy protections, primarily through the Confidentiality of Medical Information Act (Cal. Civil Code Section 56 et seq.) When California law and federal law differ, federal law requires that providers comply with the federal or state law that provides members with greater protection.
HOW WE MAY USE AND DISCLOSE MEDICAL INFORMATION ABOUT YOU
The following categories describe different ways that we may use or disclose protected medical information. For each category of uses and disclosures, we will explain what is meant and may give some examples. Not every use or disclosure in a category will be listed. However, all of the ways we are permitted to use and disclose information will fall within one of the categories. Some information such as psychotherapy notes, certain drug and alcohol information, HIV, or mental health information is entitled to special restrictions.
For Treatment. We may use medical information about you to provide you with medical treatment and to coordinate or manage your medical treatment and any related services. We may disclose information about you to our staff or other providers involved in your treatment. We may also disclose your medical information to family members or other individuals involved in your continuing medical care after you leave us. For example, we may share your protected health information between or among our personnel to assist your health care providers in treating you.
For Payment. We may use and disclose medical information about you so that we can get paid for the treatment and services you receive from us. For example, we may need to give information to your health plan or to the Medi-Cal or Medicare program about treatment you receive from us so that they will pay us or reimburse you for your care. We may also tell your health plan about a proposed treatment to determine whether your plan will cover the treatment.
For Health Care Operations. We may use and disclose medical information about you to carry out activities that are necessary for our operations. These uses or disclosures are made for quality of care, compliance activities, administrative purposes, contractual obligations, grievances or lawsuits. For example, we may use medical information to review treatment and services provided by us or to evaluate the performance of our staff and contractors in caring for you.
To Individuals or Family Members Involved in Your Health Care. Unless you object, we may disclose medical information about you to a member of your family, a relative, close friend or any other person that you identify who is involved in your care. We may also tell your family or friends, personal representative, or any other person who is responsible for your care, of your location, general condition or death, unless you object.
For Appointment Reminders. We reserve the right to contact you, in a manner permitted by law, with appointment reminders or information about treatment alternatives and other health related benefits that may be appropriate for you.
Emergencies. We may disclose medical information about you to a public or private entity assisting in disaster relief so that your family can be notified about your condition, status, or location. You may object to this disclosure with a written request. However, if you are not available or are unable to agree or object, or in some emergency circumstances, we will use our professional judgment to decide whether this disclosure is in your best interest.
If you would like to object to this disclosure, check here.
For Fundraising Activities. We may use medical information about you to contact you about our sponsored activities including fundraising events. We will only use contact information such as your name, address, and phone number.
As Required By Law. We will disclose your health information when required to do so by federal, state or local law.
Workers’ Compensation. We may release medical information about you for workers’ compensation or similar programs. These programs provide benefits for work-related injuries or illness.
For Public Health Activities. We may disclose medical information about you for public health activities. These purposes generally include the following: (1) To prevent or control disease, injury, or disability; (2) to report deaths; (3) to report abuse or neglect of children, elders, and dependent adults; (4) to report reactions to medications or problems with products; (5) to notify people of recalls of products they may be using; and (6) to notify a person who may have been exposed to a disease or who may be at risk for contracting or spreading a disease or condition.
For Health Oversight Activities. We may disclose medical information about you to a health oversight agency for activities authorized by law.
For Lawsuits and Disputes. We may disclose medical information about you in response to a court or administrative order, subpoena, discovery request, or other lawful process.
Disclosure to Law Enforcement. If asked to do so by law enforcement and as authorized or required by law, we may release medical information: (1) to identify or locate a suspect, fugitive, material witness, or missing person; (2) about a suspected victim of a crime if, under certain limited circumstances, we are unable to obtain the person’s agreement; (3) about a death suspected to be the result of criminal conduct; (4) about criminal conduct; and (5) in case of a medical emergency, to report a crime, the location of the crime or victims, or the identity, description or location of the person who committed the crime.
Decedents. We may release medical information about you to a coroner or medical examiner. This may be necessary, for example, to identify a deceased person or determine the cause of death. We may also release medical information about you to funeral directors. We may also release information to any individual known to us as a family member, close personal friend of the family, or any other person identified, who was involved in your care or the payment for your care prior to your death, unless you indicate otherwise. Your medical information may be used or disclosed to others without your authorization after fifty (50) years from the date of your death.
For Specialized Government Functions. We may disclose medical information about you to authorized federal officials for intelligence, counter intelligence, and other national security activities.
Information About Inmates/Individuals in Custody. If you are an inmate or under the custody of a law enforcement official, we may release medical information about you to the correctional institution or law enforcement official responsible for you as authorized or required by law.
Disclosure For Threats to Health and Safety. In certain circumstances, we may be required to disclose medical information to avert a serious threat to your health and safety or the health and safety of another person as required by law enforcement. The use or disclosure will be made in compliance with the law and will be limited to the relevant requirements of the law.
SPECIAL PROVISIONS RELATED TO MEMBER PRIVACY
Psychotherapy Notes. We will not release any psychotherapy notes without a specific authorization from you that allows us to release the notes.
Marketing. We will not release your medical information for marketing purposes without an authorization from you.
Sale of Medical Information. We will not sell your medical information without an authorization from you.
HIV/AIDS Test Results. We will not disclose the results of an HIV/AIDS test unless you give us specific written authorization. We may disclose HIV/AIDS test results without your specific authorization as required by state or federal reporting laws.
YOUR RIGHTS
You have the following rights regarding your medical information. In order to exercise these rights, you must contact our HIPAA Privacy Officer. You may be asked to submit a written request. The HIPAA Privacy Officer may be contacted using the following information:
M. Hospital
Attn: Privacy Officer
22617 Hawthorne Blvd
Torrance CA 90505
Email: info@mhospital.com
Right to Inspect and Copy. With certain exceptions, you have the right to inspect and receive copies of your medical information.
Amendment. If you feel that medical information about you is incorrect or incomplete, you may ask us to amend the information.
Right to an Accounting of Disclosures. You have the right to receive a list of certain disclosures that we may have made of your medical information.
Right to Request Restrictions. You have the right to request a restriction or limitation on medical information that we use or disclose about you for treatment, payment or health care operations, and to request a limit on the medical information that we may disclose to family members or friends involved in your care.
Request Confidential Communications. You have the right to request that we communicate with you about your appointments or other matters related to your treatment in a specific way or at a specific location.
Receive a Copy. You have the right to obtain a copy of this notice.
CHANGES TO THIS NOTICE
We reserve the right to change the terms of this Notice at any time. We reserve the right to make the revised or changed notice effective for medical information we already have about you as well as any we receive in the future. We will post a copy of the current Notice. The Notice will contain an effective date.
QUESTIONS AND COMPLAINTS
If you have any questions or believe that your privacy rights have been violated, you may contact our HIPAA Privacy Officer in person or mail a written summary of your concern to the address listed above.
You may also file a complaint with the Department of Health and Human Services as follows:
Michael Leoz, Regional Manager
Office for Civil Rights
U.S. Department of Health and Human Services
90 7th Street, Suite 4-100
San Francisco, CA 94103
Customer Response Center: (800) 368-1019
Fax: (202) 619-3818
TDD: (800) 537-7697
Email: OCRPrivacy@hhs.gov
You will not be penalized or retaliated against for filing a complaint.
OTHER USES OF MEDICAL INFORMATION
Other uses and disclosures of medical information not covered by this Notice or the laws that apply to use will be made only with your written permission. If you provide us permission to use or disclose medical information about you, you may revoke that permission in writing at any time. If you revoke your permission we will stop any further use or disclosure of your medical information for the purposes covered by your written authorization, except if we have already acted in reliance on your permission. You understand that we are unable to take back any disclosure we have already made with your permission and that we are required to retain its records of the care that we provided to you.
ACKNOWLEDGMENT OF RECEIPT
You acknowledge that you have received the HIPAA Notice of Privacy Practices of mHospital.
THE FOREGOING IS ACKNOWLEDGED AS RECEIVED UPON THE EXECUTION OF THE PATIENT SERVICE AGREEMENT.
